R. v. Elmadani

R. v. Elmadani

A custodial sentence of 12 months is imposed because the offender committed deliberate, calculated breach of trust offences totaling significant loss, re-offended immediately after an earlier conditional sentence (necessitating specific deterrence), and the psychological mitigation was unreliable because expert opinions relied on unverified and inconsistent facts provided by the accused; a conditional sentence would not provide adequate denunciation or deterrence.

Citation
2015 NSPC 65
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Hasan Elmadani
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 October 2015
Procedural Posture
Criminal Fraud (s.380(1)(a) Criminal Code) / Sentencing (guilty Plea Entered)
Outcome
Convicted on guilty plea; sentenced to 12 months imprisonment followed by 18 months probation
Legal Topics
Breach of Trust, Conditional Sentence, Denunciation and Deterrence, Psychological Mitigation, Recidivism, Guilty Plea
Source Language
English
Criminal Law Sentencing Evidence Expert Opinion Employment Law (breach of Trust) Breach of Trust Conditional Sentence Denunciation and Deterrence Psychological Mitigation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Crown/prosecution

Hasan Elmadani

Accused/defendant

Procedural Posture

Criminal Fraud (s.380(1)(a) Criminal Code) / Sentencing (guilty Plea Entered)

Legal Issues

  1. 1 Whether a conditional sentence or custody is fit for fraud by an employee in a position of trust
  2. 2 Weight to be given to psychological expert evidence based on information supplied by the accused
  3. 3 Aggravating effect of prior similar offences and immediate re-offending after a conditional sentence

Ratio Decidendi

A custodial sentence of 12 months is imposed because the offender committed deliberate, calculated breach of trust offences totaling significant loss, re-offended immediately after an earlier conditional sentence (necessitating specific deterrence), and the psychological mitigation was unreliable because expert opinions relied on unverified and inconsistent facts provided by the accused; a conditional sentence would not provide adequate denunciation or deterrence.

Court Disposition

Convicted on guilty plea; sentenced to 12 months imprisonment followed by 18 months probation

Orders

  • Impose 12 months imprisonment (actual custody)
  • Probation for 18 months with conditions: keep the peace and be of good behaviour; attend court as directed; advise the Court of any change of name, address, employment or occupation; report to probation services within 2 business days of release and thereafter as directed; attend for such assessment, treatment and...